Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-05-20
INTER STATE COMMERCE.


Chairman Cooley Presents some
New and Important Points.
Washington, May 1S-Chairman Cool
ey, Of the Interstate commerce commits
sion, in letter to ]. A. Hanley, traffic
manager Of the Minnesota and North
western railway, who had asked for
suspension of the long and short haul
clause in application to certain points
on his line, presents new and important
points as to the duties and powers OF
the commission under the law, as fol-
lows:
1t is obvious that the cases the law
contemplstes in which the commission
is authorized to make orders for Buspen-
sion are exceptional eases. 1t does not
state the grounds that shall warrant re-.
lief, bnt it plainly intends that these
grounds in every case shall be special
and peculiar. That where only general
reasons operate, the general law shall be
left to 1ts ordinary course, however seri-
GUS may be the consequence in particu-
lar casessanta,to Hassioulsr roads and in
| terests. 1t iHssalsG made plain by the act
| that any order Tor suspension was intend
ed to be based upon investigation which
| should satisfy the commission the case
was in fact exceptional and fairly with
| the intent of the provision made for
relief. Tho jurisdiction OF the commIs-
sion 20 make orders was evidently meant
to be somewhat closely restricted. 1t
| must be assumed congress intended the
general lew, in its main features at least
! to be permanent law for the country.
1t must therefore have contemplated
that considerable sacrifices would have
to be submitted to by some parties and
some interests, while the general law
was being established, for the very
obvious reason that 1t would be quite
| impossible to Introduce considerable
changes in the hranch OF law which con.
Germs so intimately the commerce OF the
country without serious consequences
to some private interests. Ii the law ir
its general operation were to prove gen
orally and equally mischievIous in all
directions, the commission; inMead o
having greater power, for that assrsasoI
would on the other hand have no powe,
OF suspension whatever for the simple
plain reason that there would then bs
no exceptional cases for it to act upon
therefore no cases referred by the act Il
| its judgment. The COM
mission must CONSIDER il
each case what the effect of giving re-
lief to one applicant will have upor
other interests, and your knowledge O
railroad matters must enable you tc
perceive that in some sections Of coun-
try the granting Of one application ma,
30 affect the interests OF other roads
| as to create necessity for like relief t,
several more, the satisfaction OF one
claim begetting Others equally merit.
erous until, if all are satisfied, the ex.
ception becomes rule. But when suel
3 result Is probable the reasons for de
i Ginning to raake any temporary order ar
very conclusive. The commission can
mot consent to deliberately enter upon
highway where, to all appearances, ther
be nc, hslting place within the limits O
J its lawful jurisdiction. II a general sus
pension of the "long and short hau
clause' of the statute is not to be mad
by single comprehensive order, neithe
should the same result be reached O
approached by granting successiv
orders in individual cases. In thes
views the whole commission concurs.
Very Respectfully Yours,
d. nj. COOLEY, Chairman.